Case Information

*1

PD-1558-14

RECEIVED IN COURT OF CRIMINAL APPEALS OCT-30-2015 FILED IN COURT OF.CRIMINAL-APPEALS NOV. 02.2015

Abel Acosta, Clerk

*2

So the ladies and gentlemen of the court of Criminal appeals - Austin - 'Thank you for taking time to read my letter. My Name is David Sandott, and my case number is PO-1558-14 Elapologje for the handuinter letter, el am in a small County faid with very few resources. The reason for my letter is to clear up any Confusion you may be having about my representativis and to let you know about some serious issues my family and el are dealing with at this time, el was very hesitant about sending this Certificate and obituarys to your office, but el dident want you to think el was just making all this eye, el wish to God el was, el wish this was all just a bad dream, but its not. on my attorney situation, Mr. Paul Decin was my first attorney out of Houston, his name is listed on the P.O.R. He went to trial with me and also filed my appeal with the 904 Court of appeals in Beaumont which reversed and remanded the case on October 29, 2008. About the same time the opinion was handed down Mr. Decin fell ill and was hospitalised, el told my family that to put extra stress on him that we would contact him when he got better, which never happened. He passed away on February 26, 2005. So the motion for bail was never filed with the Court of appeals in Beaumont, el found out about Mr. Decins passing in March and ended up having to get Court appointed Counsel due to all my funds and assets being exaucted. Miss Samita Vahan took over my case on April 24, 2005, and elin pretty sure she has never handled a case on appeal before he took five months to get the motion for bail perfected. We went back and forth through the mail system trying to get the format

*3 and information correct. I finally signed the unsuomon declaration on September 30, 2015. I did call the counts office to verify the motion was sent, and the gentleman said it was on file as of October 15, 2015. His only had the chance to speak with Miss Arahan for one brief moment in Dix Months, which is very unsettling. I really need a chance to at least speak with someone on the outside about my case, or have access to some updated books that I can study. The big reason for this is, I am in real years of going back to trial in the counts here in Sibleety County. I was on the dookst for October 16, 2015, last dident got called out because the motion for trial was not sent yet. But what really put the year in me was what was said in the Coutroom that day, this information got back to me from a very reliable source, it was another attorney that was in the Coutroom that day. My name was actually called out for dookst Call, and Miss Arahan answered saying "We are waiting on the C.C.M." after Miss Arahan spoke, the last district attorney on my case Mr Stephen C. Calor was overboard talking to another gentleman saying "Man that guy should of been out months ago, his attorney dosent know what she is doing" "The man asked" who is his attorney" and Mr. Calor answered, "The fat one overthere, and I think she found a way to use her incompetence to give the guy up to twenty years" I think him saying that was very unprofessional, especially when other people could hear him. And I feel the need to talk to Miss Arahan about this as she will be.

*4 informed about what were up against, but that Could cause Chaos in the Coutezoon then judge Chop B Cain would be Hindictive towards Mr also, which el feel is going to happen anyway, I'm very ceased because I know they are angry that the decision was reversed, this is one of the reasons I hope you will grant my bail. I need to look into some options to depend myself. I have been incarcerated for one two years now, and have paid deasly for coming here. Besides losing Mr. DeLuis in February, a really good lawyer and a great guy, These last five months have been totally devastating to my family and I. This is going to be hard to write about but I feel I need to. The daitanays I sent are my wifes and daughters. I say wife's Hokki and I were together for twenty-two years and had planned on finally getting married when I returned home, but she passed away on January 14, 2015 while visiting her family up in Michigan, my heart is crushed, she was my Queen and my best friend, we worked together side by side every day doing electrical work, we were a great team, I will miss her every single day. I really dident think it could get any worse being in her and not getting to say good bye to Hokki. But then my mother came to visit me out of the blue, I knew something had to be wrong because I told everyone not to visit me in here, I just don't like people to see me like this. When I turned the Corner in Nistation and saw my mores face, I knew something terrible had happened, I dident want to pick up the phone and put it to my last lunch had no Choice.

*5 When she told me the worst news a father could ever hear. She told me farm my only child was no longer with us either. I felt like the whole universe came leashing down on me. I confident talk, the only word I got out was - how? I when she said they didn't know anything yet, it was under investigation by internal affairs in Houston, because she died in police custody before she made it to the jail, this happened July 26, 2015, just seventy - from days after my wife passed away. I am was only twenty - more years old. I that little girl was my everything, she was the center of our family. I just don't know why or how this could of happened. My mother said at first the police department and the detactives were talking to her and returning her calls, they kept talking her they were waiting on intranet affairs to finish with their investigations. When she said all of the sudden everyone stopped talking to her and never returned her calls any more. Now she dotse t know what to do on who to turn to. My mother is getting older and can not handle this terrible situation by herself. My little sister is trying to help her as much as possible last she has two kids and a full time jute herself. My sister told me she is worried about our mothers health and said that she is taking all of this really hard, I can't even imagine losing my mother too, I would not make it, I only get the chance to speak with her once a week. She had to pay for my daughter famened as she can't afford the phone lills, it's very hard not knowing what going on.

*6 I need to know what happened to my daughter, and I really need to be at my moms side at this time. I need her and she need me. We have to come together as a family at this horrible time in our lives.

Please consider all of my issues when making your decision on my back, and again thank you for taking time for my letter.

Sincerly,

David West Dautery

*7

no. PD-1558-14

| | | IN THE COURT OF | | :--: | :--: | :--: | | EX PARTE | | | | | | CRIMINAL APPEALS OF | | DAVID $\omega$ . Caugartz (Applicant) | | THE STATE OF TEXAS |

Texas Criminal Practice Guide

© 2015 Matthew Bender &; Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement.

*8 BEFORE ME, the undersigned Notary Public, on this day personally appeared DAGID $\Rightarrow$ GAGGAT $\#$ [name], who, being by me duly sworn on oath deposed and wrote the following affidavit, and averred that every statement contained in this affidavit is within $$ His $$ [his or her] personal knowledge and is true and correct: "I am the appellant in the above-entitled and numbered cause and am currently confined in the LIG EETY $$ County Jail in lieu of being able to post $\$\dots$ [allege amount of bond] bail. I am unable to post this bail because I do not have the financial resources to either post this entire amount or make arrangements for a surety bond to be posted on my behalf. Nor do I have sufficient property that may be posted in lieu of a cash or surety bond.

Texas Criminal Practice Guide

*9

I have no current source of income and have no financial reserves in the form of bank accounts, savings accounts, certificates of deposit, or any other financial instruments that I can draw upon to obtain cash for the posting of a bail bond. Further, I have no real or personal property that I can sell in order to obtain the funds to post a bail bond. I certify that I am wholly without the financial resources to post bond in any amount."

Priced w. Sodent
[signature of affiant]

Texas Criminal Practice Guide (C) 2015 Matthew Bender &; Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement.

*10 This is a true and correct reproduction of the original record as recorded in this office. Issued under authority of Section 191.051, Health and Safety Code.

This is a true and correct reproduction of the original record as recorded in this office. Issued under authority of Section 191.051, Health and Safety Code.

*11 and will always be remembered this way.

She is survived by her Grandmother Kathy (Mamaw) Beals, Grandfather Ronnie Beals, Grandfather Joe Wilcomb, Father David Gaubatz, Mother Nicole Journay, Aunt Sabrina Gentes husband Doug, Cousins Breana, Harleigh and Laney, Aunt Tiffany Wilcomb and husband George, Cousins Hunter, Mason, Aubrey and Diego, Uncle Jeremy Wilcomb and wife Deidra, Cousins Cooper and Keely, Aunt Summer and husband Chase, Cousins Landon, Mackenzie, Oliver, Aunt Allie Beals, Cousins Lexi and Savannah.

She is proceeded in death by her great-grandparents Norbert and Dorothy Ahr.

It will be the little things that we will remember, the quiet moments, the smiles, and the laughter. And all though it seems so hard right now to accept, it will be the memories that help to ease the pain and bring back the smiles again one day.

In lieu of flowers, donations can be made at gofund.me/d57yh6xgms

*12

Obituaries Nicolle Marie Kress

of Lake City. Nicolle was preceded in death by her grandpa E.J. LaForest and Uncle and Aunt Al (Darlene) LaForest. Services for Nicolle will be announced at a later date. Arrangements were made with Burkholder Family Funeral Home in McBain. In lieu of flowers contributions may be made to your favorite charity of Munson Hospice of Cadillac.

Funeral Service Information

Visitation: Funeral Service: Interment: Officiating:

Nicolle Marie Kress, age 46, of Cadillac passed away May 14, 2015 at her home. Nicolle was born April 16, 1969 in Pontiac to Larry Randall Kress and Patricia Adele LaForest. Nicolle worked as an electrical Journey man in Houston, Texas. She enjoyed social gatherings, dancing, being around people, boating and watching movies. Nicolle leaves behind her mother and stepfather Patricia and Gary Schwach of Cadillac, her father Larry Kress of Atlanta, Mi., siblings; Angela Kristine Kress of Lake City and Kristie Lynn Kress of St. Petersburg, Florida, nieces and nephews; Nora Kress of Akron, Ohio, Brandon Riste of Lake City, Eli J. Adasiak of Owosso and her Grandmother Nora LaForest of Lake City. She also leaves behind Uncles and Aunts; Wayne and Martha LaForest of Cape Coral Florida, Linda LaForest of Traverse City, Ronnie LaForest of Lake City and her Great Aunt Beryl Jones

Dora Brott April 29, 2015 view obit | thoughts &; prayers Brigette Anne Crosby April 27, 2015 view obit | thoughts &; prayers

Lawrence Zona Mathany April 24, 2015 view obit | thoughts &; prayers

Constance J. Lillie

April 23, 2015 view obit | thoughts &; prayers

Roger Mishler April 23, 2015 view obit | thoughts &; prayers

Ella Odell Hopkins April 20, 2015 View obit | thoughts &; prayers

NOTES

(c) 2015 Matthew Bender &; Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement.